Missouri House votes down bill to reinstate presidential primary

By Allie Feinberg

Columbia Missourian

In a surprising move Monday, the Missouri House failed to pass a bill that would have reinstated the presidential primary for the 2024 election

The bill was initially approved on a voice vote last week, but failed when it came up for a roll call Monday to give it final approval — a practice that’s usually considered a formality.

“I believe we had (the results we were looking for) and I’m not certain yet what happened, why all these people suddenly reversed their votes,” said Rep. Rudy Veit, R-Wardsville, the bill’s sponsor.

While the bill got 65 votes in support, 56 representatives from both parties voted in opposition, 31 Democrats voted “present” and 10 others did not vote.

Rep. Peter Merideth, D-St. Louis, voted against the bill even though he said his caucus thinks it’s important to go back to a primary. Merideth said his party had a problem with amendments — specifically one that changed the date of the proposed primary from March to April. That amendment was added to the bill during floor debate last week.

“(If) you move (Missouri’s election) to April, we’re going to be virtually irrelevant, because all of the winners of the primaries are already going to have been decided,” he said.

Merideth added that having the partisan presidential primary in April would conflict with the nonpartisan municipal elections that already are held in April.

Members of Merideth’s party were surprised by the result. Missouri Democratic Party Chair Russ Carnahan and Missouri Republican Party Chair Nick Myers both testified at hearings in support of the bill.

“I think the primaries are popular and, frankly, caucuses exclude a lot of people from being able to participate,” Carnahan said after the vote. “If we want more trust and engagement with our democratic institutions … presidential primaries are a way to do that.”

With so many Democrats voting “present”, Merideth said those votes are “a way of saying ‘there are things in this I really support and don’t want to vote against … but there are also things in a bill that I can’t vote for.’”

Veit said that he is considering filing a motion to reconsider the result. Because his side received the most votes, 65, the bill can be voted on again if he can recruit 30 votes to do so.

“There was a verbal commitment I had from a lot of people that I thought were in support of the bill,” he said. “I didn’t see a unified force against us.”

He said he wants to talk to people to find out what went wrong.

“Maybe what it takes is, we sit down and figure out what the story is.”

Samantha Dietel also contributed to this story.

Judge upholds Missouri law used by AG to challenge school mask rules

By Rudi Keller

Missouri Independent

A Cole County judge on Friday rejected a challenge to a 2021 law used by Missouri’s attorney general to sue school districts over COVID-19 mask policies.

In a case that focused on whether lawmakers had put too much into the bill, rendering it unconstitutional, Judge Daniel Green decided that everything fit under the broad category of local government.

(Photo- The Cole County Courthouse in downtown Jefferson City- Annelise Hanshaw/Missouri Independent)

The city of Overland in St. Louis County sued after the bill was passed, arguing that a provision barring it from collecting fees to use right-of-way based on the linear distance unconstitutionally deprived it of revenue.

 

The law was also unconstitutional, lawyers for Overland argued during a December trial, because it violated the “single subject rule” and because it was a “special law” singling out a particular group.

Green delayed ruling in Overland’s lawsuit until the Missouri Supreme Court reviewed one of his previous cases where he upheld a law preempting local ordinances regulating large farming operations.

The court upheld Green’s decision on CAFO regulations in march.

Overland’s attorney, Greg Dohrman of Cunningham, Vogel and Rost, did not respond immediately Tuesday morning to a request for comment on the decision.

In the Overland case, attorneys argued that the lost revenue from fees based on linear distance would make it more difficult to fund maintenance and upgrades to the city’s right-of-way. They argued it violated the constitution, which bars lawmakers from imposing new duties on local governments without paying the cost.

But Green found that the bill imposes no duties and the revenue from the fees is not a tax covered by the provisions of the constitution’s Hancock Amendment. Instead, eliminating the fees promotes the public interest in expanded internet access, Green wrote.

“By eliminating linear foot fees, which would be substantially greater in rural areas due to the longer distances between residences and businesses, the General Assembly has incentivized expanded access,” Green wrote.

He also turned down the argument that the bill had been improperly expanded from its original purpose by revisions to the bill’s title.

The original three-page bill was filed to implement a “Missouri local government expenditure database,” but was expanded to 49 pages and 51 sections, and the title was changed to just “relating to local government.”

The bill has provisions about scrap metal dealers, catalytic converter theft and salaries for court reporters along with limits on public health agencies in addition to the original sections on public expense.

The expanded title is not a violation of the constitution, Green wrote.

“The arguments are unavailing because ‘expanding the title of a bill to reflect the commonality of all the subjects contained in the bill is not a novel proposition’ and is constitutional,” he wrote, quoting a previous case.

Everything included in the bill relates directly or indirectly to local issues, Green wrote. The provisions about scrap dealers, catalytic converter theft and salaries for court reporters, while applicable statewide, impact local concerns, Green wrote.

The provisions about court operations are an example, he wrote.

“Domestic relations, child custody, probate and other inherently local matters are the bread and butter of the circuit courts,” Green wrote.

Joplin woman who drove victim to site where he was murdered pleads guilty to kidnapping, weapons charges

A Joplin woman pleaded guilty today to her role in the kidnapping conspiracy that resulted in the death of Michael James Hall, Joplin, whose decomposing body was discovered during the execution of a search warrant at 3517 Cherry Road July 28, 2020.

According to the plea agreement, which was filed today in U. S. District Court for the Western District of Missouri, Carla Jo Ward, 47, admitted to picking up Hall at 7th and Schifferdecker and driving him to the location where he was tortured and eventually shot to death.

Ward pleaded guilty to kidnapping and to being illegally in possession of a firearm. She is the third person to enter a guilty plea following Russell Eugene Hurtt, 51, Joplin, and James B. Gibson, 41, Webb City.

Change of plea hearings are scheduled Thursday for Amy Kay Thomas, 40, Webb City, and Lawrence William "Scary Larry" Vaughan, 51, Neosho.

A change of plea hearing had been scheduled May 1 for the man who allegedly fired the shot to the head that killed Hall, Freddie Tilton, 50, Joplin, but that hearing was canceled.

Details of the kidnapping and murder can be found at this link.

Joplin man's probation on child pornography charge revoked for possession of pornography, use of computer

A Joplin man's probation after serving his sentence on a child pornography charge was revoked this morning during a hearing in U. S. District Court in Springfield.

Judge Douglas Harpool sentenced Frank Edwin Ness, 53, to six months in prison followed by a lifetime under supervised probation after finding Ness guilty of violating two conditions of his probation by possessing pornography and by using a computer or electronic device without the permission of the probation office.

Ness pleaded guilty to possession and distribution of child pornography in 2015 and was on probation after serving his sentence.

Ness was originally arrested July 16, 2014 following the execution of a search warrant at his home at 1421 S. Cleveland.

As a member of the Southwest Missouri Cyber Crimes Task Force carried Ness' computer out of the home, Ness' wife gave the officer the thumbs up.

"You got him," she said. "Everything you're looking for is going to be on that computer."

The search warrant was executed following a tip to the task force that child pornography was being sent to a computer with an IP address that was being used at that house

Mrs. Ness told officers her husband's computer was password-protected, but he has left it on a couple of times and that "she had seen child pornography on that computer," according to an affidavit filed in U. S. District Court for the Western District of Missouri.

Ness' wife said she had argued with her husband about it and had thrown on the computer on the floor and thought she had broken it. "She said Ness told her he had thrown the computer away."

Her discovery of her husband using his computer for unsavory purposes was not the first time she had caught him in the act. "She said she first caught him looking at child pornography shortly after they married, about eight years ago. She said she had caught him looking at it, but he had promised that he would quit looking at it."

Not quite trusting her husband, Mrs. Ness said "she would never allow her grandchildren to be alone with her husband since she had seen the pictures on his computer and didn't trust that he would never molest them."

Task Force officers found 124 videos containing child pornography on Ness' computer, according to the affidavit. All were hidden in a folder.

Nancy Hughes: Deal with it

“I love the Lord, for he heard my voice; he heard my cry for mercy. Because he turned his ear to me, I will call on him as long as I live.”

Psalm 116:1-2 (NIV)

My husband and I had taken our three children on a mini vacation to visit family in another state. There wasn’t a lot of time to do very much but the one activity that everybody loved was going to the local swimming pool.

Our three kids were part fish and never missed an opportunity to swim, no matter where they were. Off we drove late one afternoon with four adults, six children, inner tubes, towels, goggles, and sunscreen but we had forgotten one very important thing: the closing time for the pool.

We walked up to the counter, money in hand. But instead of letting us pay and go on in, the two pool managers began a lively debate on how much to charge or whether they should even let us in since it was almost closing time.

Finally, one girl turned to the other one and said, “I’m really too busy for this so…deal with it!” and walked off.

The manager who was left looked at us for a few seconds and sighed: “I just don’t have the time to deal with you either. There’s no point in your coming in since we close in a few minutes.” and turned away, leaving us standing with everything we needed to swim except permission to enter.

How thankful I am that when I approach my Heavenly Father in prayer, He has never said “You got yourself into this situation so deal with it!” and turned His back in dismissal.

Not once have I knelt before God, only to have Him say “Permission to enter refused, Nancy. I have too many other things much more important than you. Come back tomorrow when I’m open between the hours of 10 and 2 and I’ll try to work you in.”

David knew about calling on the name of God. In Psalm 34:15 we read David praising the Lord for being “attentive” to his cries for help and then thanking Him for His answers when he cried out loud to the Lord in Psalm 3:4.

David never got a busy signal or a recorded voice nor was he ever told to “deal with it.” Instead, he got a Father who not only heard his cries for help but answered!

The great news is, we have that same access today to our Creator. He longs for us to come before Him with every praise, every problem, every sorrow, every situation. Not only does He hear our voices, but He is attentive to each word that we utter in His presence.

Call on God today. He longs to “deal with” everything you bring before Him, and you will never be turned away.

Father, I praise you for allowing us to come before you with every detail of our lives. Thank you for your faithfulness to your children. In Jesus’ Name. Amen.

R.A.P. it up . . .

Reflect

Have you ever experienced a situation like this?

How did it make you feel to be told that you and your situation were not important enough to be addressed?

Apply

Journal prayer requests that you bring before the Lord along with the date.

As God answers each prayer, write down the date and compose praise to Him for His willingness to hear us when we call on Him.

Power

Psalm 116:1-2 (NIV) “I love the Lord, for he heard my voice; he heard my cry for mercy. Because he turned his ear to me, I will call on him as long as I live.”

Psalm 34:15 (NIV) “The eyes of the Lord are on the righteous and his ears are attentive to their cry . . .”

Psalm 3:4 (NIV) “To the Lord I cry aloud, and he answers me from his holy hill.”

(For more of Nancy Hughes' writing, check out her blog, Encouragement from the War Room.)

Suspect in murder of Joplin woman arrested in Springfield

The suspect in the murder of a Joplin woman was arrested today in Springfield.

The U. S. Marshal's Service arrested Nicholas Kyle Berry, 51, Branson, who has been charged by the Jasper County Prosecuting Attorney's office with first degree murder, first degree robbery and two counts of armed criminal action in connection with the April 9 murder of Maria Whitaker, 39, Joplin.

An argument over money led to the murder, which took place at a Webb City home according to a probable cause statement filed in Jasper County Circuit Court.

"According to witnesses, Nicholas Berry was arguing with Maria Whitaker over money. During that argument, Mr. Berry did attempt to pat down Ms. Whitaker. She slapped his hand away and he in turn stabbed her and took an undetermined amount of money from her pocket."

Kansas City Democrat: Republicans pass bill allowing concealed weapons in churches, on buses

(From Rep. Ingrid Burnett, D-Kansas City)

Folks, we have 3 more weeks to go and things are amping up, but it still feels like sizzle without the steak. The Republicans can’t resist the temptations of salacious topics. 

Last week during one of the debates, a Republican Rep took exception to a lesson offered by Rep Sarah Unsicker (D) in an earlier session. She was explaining the origin of graphic novels and their popularity among adolescents. She pointed out that one of the first books published in graphic novel format was Maus, by Art Spiegelman, one of the books that has been targeted in the attack on libraries and librarians. 

Maus tells the story of victims of the Holocaust featuring the Nazis as cats and Jewish people as mice. it was awarded the Pulitzer Prize in 1992, and in 2015, it was banned in Russia for violating anti-Nazi-propaganda laws. 

Rep Unsicker suggested that some members maybe were confused about the difference between graphic novels (novels written in more of a comic book style), and pornographic material. 

Two days later, the Republican Rep got up in front of the assembly and read the definition of pornography including explicit acts of sex before being challenged by Democrat members demanding that he be gaveled for breaking decorum and not self-censoring when children were present in the upper chambers. 

That was followed by a round of mocking by Rep Perkins (R), who chided Democrats and accused them of approving librarians distributing pornographic materials to children but are too fragile to listen to a description of pornography. You can’t make this stuff up, folks.

Transgender legislation advanced to the Senate

April 17 was a long session – the first extraordinarily long session this year, and after debating and amending a myriad of bills, HB183 was brought to the body for a final vote out of the house. 

Under this bill, transgender athletes in grades 6 – 12, and college athletes would be prohibited from competing on school-sponsored sports teams that don’t reflect their birth gender. House Bill 183 targets sports teams from grades six through 12, as well as college athletics. Public school districts and universities would lose a portion of their state funding for allowing transgender kids to participate on a team that corresponds with their gender identity, while private universities would be subject to fines of up to $1 million. 

A similar Senate bill has already cleared that chamber and a House committee. It awaits action by the full House which means we could be taking it up yet again. In the 11 years since the Missouri High School Activities Association first adopted a policy governing participation by transgender athletes, only a dozen have been cleared to play. The bill passed on a near-party line vote of 106-46, with one lawmaker voting “present.” One Republican joined Democrats in opposing the bill.

Guns on buses and in churches

Also passed out of the House on April 17, HB 282 removes public transit and churches from the current list of prohibited places for concealed weapons permit holders, and now advances to the Senate on a vote of 102 – 45, and 4 present. 

Because this bill applies to all religions, including denominations that practice non-violence, or have foundations rooted in nonviolence it likely could violate their constitutional right to freedom of religion by forcing them to allow weapons regardless of their religious beliefs. 

This bill seems particularly callous considering the incidents of gun violence this year that affected a high school in St. Louis, and the shooting of a 16-year-old high school student who accidentally knocked on the wrong door in a Kansas City neighborhood while on an assignment from his mother to go pick up his brother from a friend’s house.

Budget follies continue to unfold

The Senate Appropriations Committee took up the budget last week and made changes to fix some of the more outlandish actions of the House. 

In the Senate version of the budget funding for Missouri, libraries is fully restored at $4.5 Million; state workers who work with Missourians with developmental and physical disabilities would receive a wage increase to bring the minimum pay to $17/hour; The I-70 lane expansion project would cover the entirety of I-70 at $2.8 billion with half paid out of general revenue and half paid from bonds; and they stripped the anti-diversity, equity and inclusion (DEI) language attached to each department’s budget. They also added a few Easter eggs of their own by funding a new psychiatric hospital in Kansas City and increasing funds that help people who have physical and developmental disabilities.

We have 2 weeks to move this budget over to the Governor’s desk. This week the entire Senate chamber will weigh in with some members vowing to restore the DEI language or bust. That will give us the rest of the time to complete the inevitable conference committees to iron out the differences and move for a final vote to truly agree. We shall see…….

In the meantime, the Governor will be hosting his annual BBQ at the Governor’s mansion, and the NFL Draft opens in Kansas City on Thursday.

Joplin man with history of violent behavior, not showing up for court free on bond on weapons charge

A Joplin man with a history of violent behavior and not showing up for court hearings is free on $25,000 bond after his arrest on a weapons charge following an incident April 15 at Club XO, 502 S. Joplin Avenue.

A 9 a.m. Wednesday initial appearance is scheduled in Jasper County Circuit Court for Christopher Lee Carter, 28.

The incident that led to his arrest was detailed in the probable cause statement:

I arrived on scene with other officers and I contacted the victim, DH, who stated he was involved in a disturbance at this location where a gunshot was fired. DH stated he observed Christopher Carter being refused entry into Club XO as he was leaving.

Mr. Carter was walking to a vehicle parked nearby when he opened the front passenger door and retrieved an AR-15 pistol.

At this time, fearing for the safety of himself and the public, DH grabbed ahold of Mr. Carter when the magazine fell out of the gun. During this struggle, the pistol discharged the round that was in the chamber in an unknown direction.

A witness on scene stated they observed an unknown male grab the gun and run and put it in a car. Mr. Carter was shortly later arrested for an active warrant on a car stop at 7th Street and Main Street. Mr. Carter shows to have several felony convictions on his criminal history which would prevent him from being in possession of a firearm or ammunition.

Mr. Carter was arrested and appeared to be intoxicated while in possession of an AR-15 magazine containing the same ammunition found on scene of the shooting. Mr. Carter was later identified as the shooter by DH. at the Joplin City Jail.

An AR-15 pistol was also later located in a car parked across the street from Club XO on a traffic stop. 

The Joplin Police Department issued a news release Monday saying it had forwarded charges of assault in the fourth degree, unlawful use of a weapon, unlawful possession of a firearm and armed criminal action.

The Jasper County Prosecuting Attorney's office elected to file only one felony charge- unlawful possession of a firearm.

Bond was set at $25,000, cash or surety, despite Carter being on probation when the crime was allegedly committed.

Jasper County Circuit Court online records show Carter pleaded guilty to possession with intent to distribute and burglary and was sentenced to 15 years in prison on August 27, 2018. Under a plea bargain with the prosecuting attorney's office, Carter's sentence was suspended and he was placed on probation for five years.

Almost immediately, Carter began racking up probation violations. Violation notices were filed November 14, 2018 and June 11, 2019, but the first motion for Carter's probation to be revoked came January 30, 2020.

A hearing was held in February 2020 with Carter denying the allegations. The following month, the prosecuting attorney's office withdrew the revocation motion.

A second revocation motion was filed August 4, 2020. When a hearing was scheduled in October, the prosecuting attorney's office filed in open court another violation notice, which appears to be in connection with his arrest by the Joplin Police Department on charges of first degree robbery, first degree burglary and armed criminal action.

The prosecuting attorney's office dropped the charges when the witness against Carter left the courthouse and would not testify at his preliminary hearing.

From the Joplin Globe's account:

Carter was accused of pushing his way into the man's apartment without permission on July 10, pointing a gun at his head and ordering him to sit down on his couch. He then robbed him of two gold necklaces he was wearing and his shoes after striking the victim in the forehead with the gun, according to a probable-cause affidavit.

Two unidentified accomplices purportedly assisted Carter in also taking the victim's phone, watch, gaming console, other jewelry and shoes, and some backpacks, according to the affidavit.

Judge David Mouton suspended Carter's probation November 19 and issued a warrant for his arrest setting the bond at $50,000 cash only. When the first hearing was held November 30, Carter asked Mouton to reduce his bond and the judge set it at $25,000, cash or surety. Carter was unable to pay that much, so on December 18, 2020, his public defender filed a motion for another bond reduction. Online records don't indicate Mouton's ruling, but four days later, Carter was able to post bond.

Carter's next hearing on the probation violation was scheduled for January 11, 2021 and Carter was a no-show.

Another hearing date was scheduled, but was continued at the request of the public defender.

On March 15, 2021, Carter was in court, but the case was continued to April 5. When April 5 arrived, the case was continued to May 3. Carter was in court again, but Mouton agreed to the public defender's request for a continuance to June 21.

When June 21 arrived, Carter didn't. Mouton issued a warrant for his arrest and set the bond at $100,000, cash or surety.

On June 29, 2021, Carter was in court and his attorney made a motion for bond reduction. The prosecuting attorney's office objected and Judge Mouton denied the motion. The prosecuting attorney's office filed an amended notice of probation violation in open court.

At the next hearing July 6, the prosecutor filed yet another amended probation violation motion. A bond reduction motion by the public defender was once again denied and the next hearing was scheduled for September 7.

Once again, no decision was made at the September 7 hearing, except for Mouton rejecting another bond reduction motion.

The same happened at a hearing September 28.

On November 15, 2021, an evidentiary hearing was held on the probation violation filings. Online records indicate Mouton explored all alternatives to revoking probation, which would send him to prison for his 15-year sentence.

Mouton finally revoked Carter's probation, but elected to place him in a shock incarceration program for four months and after that, it could be determined whether he should have to serve the rest of his sentence.

On April 5, 2022, Carter was a free man, though he was placed on probation for an additional five years.

A little over a year later, according to the probable cause statement for the current allegations against him, Carter was denied entrance to a club, went to his car to get an AR-15 pistol and was headed back to the club when he was interrupted.

***

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Arraignment set for Webb City man on meth trafficking charge

A Webb City man charged with drug trafficking will be arraigned in Jasper County Circuit Court Monday.

Sterling Bryce Peppers, 44, was bound over for trial after waiving his preliminary hearing February 23.

Peppers was charged following the execution of a search warrant at his home at 911 West 1st Street in Webb City. Ozarks Drug Enforcement Team members and Webb City Police Department officers seized a large quantity of methamphetamines and several firearms, according to a news release issued after the arrest.

In addition to drug trafficking, Peppers is charged with two counts of unlawful use of a weapon and one count of endangering the welfare of a child.

Preliminary hearing scheduled for Carthage man on child pornography charges

A 1:30 p.m. April 26 preliminary hearing and detention hearing have been scheduled for a Carthage man facing child pornography charges.

The initial appearance for James Allen Beam, 35, was held this morning in U. S. District Court in Springfield. A public defender was appointed to represent him.

According to the probable cause affidavit, Beam told an undercover FBI agent he intended to abduct and rape a child. He also allegedly sent child pornography to the agent.

More information can be found at this link.